WILLIAM DONALD SCHAEFER, Governor                        H.B. 1454

(F) (1) IN MAKING A DETERMINATION UNDER SUBSECTION (E) OF THIS
SECTION, THE COURT SHALL CONDUCT AN IN CAMERA EXAMINATION OF A CHILD
PRIOR TO DETERMINING THE ADMISSIBILITY OF THE STATEMENT, EXCEPT WHERE
THE CHILD:

(I) HAS DIED; OR

(II) IS ABSENT FROM THE JURISDICTION FOR GOOD CAUSE SHOWN
OR THE STATE HAS BEEN UNABLE TO PROCURE THE CHILD'S PRESENCE BY
SUBPOENA OR OTHER REASONABLE MEANS.

(2) (II EXCEPT AS PROVIDED IN SUBPARAGRAPH (II)2 OF THIS
PARAGRAPH, ANY DEFENDANT, ANY DEFENDANT'S ATTORNEY, AND THE
PROSECUTOR SHALL HAVE THE RIGHT TO BE PRESENT WHEN THE COURT HEARS
TESTIMONY ON WHETHER TO ADMIT INTO EVIDENCE AN OUT OF COURT
STATEMENT OF A CHILD UNDER THIS SECTION.

(II) IF THE COURT IS REQUIRED TO OBSERVE OR QUESTION THE
CHILD IN CONNECTION WITH THE DETERMINATION TO ADMIT INTO EVIDENCE THE
OUT OF COURT STATEMENT:

1.        ANY DEFENDANT'S ATTORNEY AND THE PROSECUTOR
SHALL HAVE THE RIGHT TO BE PRESENT AT THE IN CAMERA EXAMINATION; AND

2.        THE JUDGE MAY NOT PERMIT A DEFENDANT TO BE
PRESENT AT THE IN CAMERA EXAMINATION.

(f) (G) (1) This section may not be construed to limit the admissibility of a
statement under any other applicable hearsay exception or rule of evidence.

(2) This section may not be construed to prohibit the court in a [CINA]
JUVENILE COURT proceeding from hearing testimony in the judge's chambers.

SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this
Act or the application thereof to any person or circumstance is held invalid for any reason
in a court of competent jurisdiction, the invalidity does not affect other provisions or any
other application of this Act which can be given effect without the invalid provision or
application, and for this purpose the provisions of this Act are declared severable.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

May 26, 1994

The Honorable Casper R. Taylor, Jr.
Speaker of the House of Delegates
State House
Annapolis, Maryland 21401

Dear Mr. Speaker:

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